Regulation 6E Right of appeal against decisions to make deportation order in respect of frontier workersF1

United Kingdom

(1)

A frontier worker who has entered the United Kingdom may appeal against a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2)

But paragraph (1) does not apply to a person if the decision to remove that person was taken—

(a)

under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove was taken before the revocation of the 2016 Regulations, or

(b)

otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(3)

In addition, a person cannot bring an appeal under paragraph (1) without producing—

(a)

a valid identity document, and

(b)

if they do not have a valid frontier worker permit, sufficient evidence to satisfy the Secretary of State that they are a frontier worker.

(4)

For the purposes of paragraph (3)(b), a person is to be treated as having a valid frontier worker permit if they would hold such a permit but for its revocation following a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

Annotations

Textual amendments

F1: Regs. 6A-6F and cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(5) (as amended (22.12.2020) by S.I. 2020/1372, regs. 1, 7(3))